Construction Accidents in NYC

The growth of the construction industry in New York City is staggering.  According to the New York City Construction Outlook Report for 2024 through 2026:

• total construction spending is projected to increase to $65.5 billion in 2026;
• the number of construction jobs may balloon to 160,000 jobs by the same year; and
• the construction activity in NYC comprises 3% of all spending nationwide over the past five years.[1]

While the economic statistics are cause for celebration, there will inevitably be injuries accompanying this construction boom—particularly in the spring time.  With spring’s arrival comes unpredictable weather conditions such as ice and snow that pose significant hazards to the construction crews working these jobs.

Many of these accidents can be avoided entirely through the effective utilization of laws and regulations designed to increase safety on the jobsite and thorough safety planning.  However, not every jobsite will be effective in implementing the necessary safety plans and procedure.

When that happens, contact the construction accident attorneys at Dansker & Aspromonte to discuss your legal rights and options.  Our attorneys have years of experience litigating construction accident cases and are available to consult with you about your case at no upfront cost.  Call us today at (516) 774-3988 to schedule your initial consultation free of charge.  You can also contact us through our online portal, which is linked here.

Common Accidents on Construction Sites

There is a reason that construction workers are required to wear hardhats and steel-toed boots: construction jobsites are inherently dangerous.  Workers face numerous risks that can lead to serious injury or even death if they are not mitigated appropriately.  What follows are just a few of the most common risks faced by construction workers on jobsites according to the United States Bureau of Labor Statistics[2]:

• Falls, Slips, & Trips: The risk of injuring oneself by falling is prevalent on the jobsite, with 62.2% of construction laborers being exposed to heights, and the incidence rate for nonfatal falls, slips, or trips is higher for construction workers than all other workers in the United States.
• Struck-by Object Incidents: More than 30% of construction laborers are required to drive a motor vehicle or operate motorized equipment. Another 60% of construction laborers work in proximity to moving mechanical parts.  Ultimately, 65 construction workers were killed by contact with moving objects or equipment in 2020.
• Exposure to Hazardous Substances: A hazardous substance is a substance that negatively affects the respiratory system, eyes, skin, or other living tissue through its inhalation, ingestion, or contact with the person. Typically, this is not a risk that construction workers are capable of mitigating, and fatalities due to these exposures reached a five-year high in 2020.
• Exertion-Related Injuries: Construction workers are highly likely to suffer a nonfatal injury due to overexertion because the almost 93% of construction laborers are required to move heavy objects around the site.

Construction Risks

Seasonal Weather

Spring brings welcome weather for many people.  Temperatures tend to rise during the spring, but the rising temperatures often lead to more volatile or unpredictable weather.  Rain, wind, and varying temperatures can make it difficult to effectively plan for the safety needs of the day on the construction site.  These conditions increase the risk of injury on the jobsites.

Rushed Project Schedules

According to a NASA report, schedule pressure—or the induced demand perceived by people to perform their work within a given time frame—both jeopardizes the quality of the work performed and the safety of the workers performing it.[3]  The report found that workers perceiving that they must overcome schedule pressure are more prone to cutting corners—including safety corners—to meet the demands of their schedule, and schedule pressure can also lead to increased work defects.  The research suggests that too much of this pressure jeopardizes site safety.

Increased Workforce Challenges

Construction projects typically ramp up as the weather warms up, meaning that there is a greater demand for workers on the jobsite during these periods.[4]  Many of the newest workers will begin their work on the jobsite in the spring with little to no training or experience.  The lack of training and experience matters because these workers will not fully understand all of the risks they face on the jobsite.

Urban Density & Pedestrian Safety Risks

NYC’s dense urban environment presents safety risks to those working on the jobsite and even those who are near the site.  These tightly packed jobsites can leave little to no room for the workers to maneuver on the job—thereby increasing the risk of injury.

NYC Regulatory Framework

NYC enacted Local Law 196 in 2017.[5]  For the first time, construction workers and their supervisors on specific job sites were required by law to complete designated safety training courses.  Further, Local Law 196 requires workers to obtain a Site Safety Training (“SST”) card by completing 40 hours of safety training on topics such as fall prevention, scaffolding safety, and general site safety practices.

NYC Building Codes

Chapter 33 of the NYC Building Code[6] mandates safety rules and procedures for both construction and demolition sites, including:

• obliging certain construction sites to have qualified Site Safety Managers, Coordinators, or Superintendents to ensure safety compliance;
• mandated installation of protective structures such as guardrails, safety nets, and required utilization of personal protective equipment (“PPE”) to prevent accidents;
• required inspections of both the equipment and the work practices on the jobsite to prevent injuries and deaths; and
• specific requirements for safety logs or reports in order to ensure transparency and accountability.

New York State Labor Laws Protecting Workers

New York implemented Section 200, Section 240, and Section 241 to ensure New York’s construction workers are protected on the job.[7]  At bottom, these statutes demand that employers and property owners adhere to safety protocols and provide protective equipment as needed, and they impose strict liability on them for their failure to comply.  Each section will be discussed below.

Section 200: The General Duty to Protect Health and Safety

Section 200 of the New York Labor Laws establishes a general duty on employers to provide a safe working environment for their employees.[8]  The law has two key provisions.  First, the physical workplace must be constructed, equipped, arranged, and operated to provide reasonable and adequate protection to the lives, health, and safety of every person employed there.  Second, Section 200 requires all of the machinery, equipment, and devices to be well-lit, operated, and guarded to the extent necessary to provide reasonable and adequate protection of the safety of the workers.

Section 240: Scaffolding

Section 240—also referred to as the “Scaffold Law”—specifically addresses the hazards of working in an elevated space.  The most prominent function of the Scaffold Law is to require the contractors, owners, and their agents to furnish or erect appropriate safety devices such as scaffolding, hoists, stays, ladders, slings, iron ropes, and any other equipment to protect workers involved in the work of construction, demolition, alterations, painting, cleaning, or erection.[9]  Anyone who violates these requirements can be held strictly liable for resulting injuries.  Contributory negligence is therefore not a defense to any suit brought alleging the violation of one of Section 240’s provisions.

Section 241: Construction, Excavation, and Demolition Work

Finally, Section 241 outlines the specific safety requirements for construction sites.[10]  This section specifically mandates that areas in which construction, excavation, or demolition is to be performed must be constructed, equipped, arranged, and operated as to provide reasonable and adequate protection for the safety of the employees on that jobsite.  This section also requires compliance with the rules promulgated by the New York Commissioner of Labor.

Legal Protections for Workers & Bystanders

Personal Injury Lawsuits

A personal injury lawsuit is a lawsuit filed under New York tort law alleging that someone suffered an injury, and as a result of said injury, they are owed financial compensation.[11]  These lawsuits can be filed by any person who is looking to recover financial compensation for their injuries from a construction accident.  Further, personal injury lawsuits may allow victims to recover punitive damages where the responsible party’s conduct has a high degree of moral culpability which manifests a conscious disregard of the rights of others or conduct so reckless as to amount to such disregard.[12]

Workers’ Compensation

In New York, the Workers’ Compensation Law is codified in Chapter 67 of the New York Consolidated Laws.  It outlines an employees rights in any proceeding concerning a workplace injury—such as an injury occurring in a construction accident.[13]  Workers’ compensation provides benefits to employees who file lawsuits for injuries or illnesses arising out of and in the course of their employment.[14]

Workers’ compensation is intended to ensure that injured workers are paid medical benefits for the necessary and reasonable medical treatment they received for work-related injuries or illnesses.  However, only employees are entitled to file an action for workers’ compensation.  Further, workers’ compensation does not award damages for pain and suffering nor does it award punitive damages.

Legal Protections Against Employer Retaliation

Two different sections of the New York Labor laws protect workers from employer retaliation after they file lawsuits or complaints against their employers.  First, Section 215 of the New York Labor Law[15]:

• ensures that employees can file complaints about perceived violations of labor laws to their employer, the Commissioner of Labor, the New York Attorney General, or any other person;
• protects employees as they are about to institute or have recently instituted a legal proceeding under or related to New York’s labor laws; and
• protects employees when they provide information or testify against their employer in any investigation or proceeding concerning the violation of New York’s labor laws.

Section 215 prohibits employers from taking retaliatory actions such as termination, threats of termination, any type of penalty, or any other form of discrimination against the employee.  If the employer does take such retaliatory action against the employee then the employee can sue the employer for compensation for lost wages and benefits, liquidated damages, or reinstatement to their former position.

The second provision—Section 740—protects whistleblowers against retaliatory actions by their employers[16].  Specifically, Section 740 protects employees who (1) disclose or threaten to disclose information about employer activities or practices that violate laws, rules or regulations; (2) testify or provide information in investigations or hearings; and (3) object or refuse to participate in activities, policies, or practices that violate the law.

NYC Construction Accident Litigation

Key Evidence in Construction Accident Cases

Construction accident litigation is often as complex as the myriad moving pieces on the actual construction site itself.  There is no one-size-fits-all in construction litigation, but there are common types of evidence used in construction accident cases.

First, photos and witness statements are important in construction accident cases just like they would be in any other case.  However, construction sites are so heavily regulated that there should be a history of documentation in the form of safety reports and OSHA violation records.  Acquiring this evidence is paramount in any successful construction accident case.

Second, the testimony of expert witnesses will be necessary in any construction accident case.  Such testimony is likely to the take the form of testimony on the standards and practices in the construction industry, generally, but there may also be testimony from engineers who understand the heavy machinery that is ever-present on the jobsite.

Statute of Limitations for Filing Construction Accident Claims

There are two statutes of limitation to keep track of in New York construction accident cases.  First, a plaintiff in a personal injury lawsuit has only three years to file his claim, and after that, he or she may not file the claim at any point in the future unless an exception to this general rule applies.[17]

Remember: under New York Law you are not permitted to sue your employer in a personal injury lawsuit.  You are only permitted to claim benefits through the New York Worker’s Compensation laws.  If you are seeking to recover through the workers’ compensation system then you will only have two years to file your workers’ compensation claim under the applicable statute of limitations.[18]

Conclusion

The construction industry is responsible for enormous economic growth in New York, but the jobs boom it has brought will inevitably result in injuries to some construction workers.  Many responsible companies work hard to implement safety procedures and keep their workers safe, but sadly, not every construction company shares this same commitment to safety and the well-being of their workers.  When faced with these companies, it is important to consider what your legal rights and options are under the New York personal injury laws and workers’ compensation laws.

Remember: you have a limited period of time to file these claims, so see a qualified construction accident attorney like ours at Dansker & Aspromonte as soon as you are able to do so.  Our attorneys bring a wealth of experience to your case and will work tirelessly to get you all of the money you are owed.  You can call us at (516) 774-3988 to schedule your free consultation, or you can contact us through our online portal, which is linked here.

[1]  “2024-2026 New York City Construction Outlook Report,” New York Building Congress (accessed 3/15/2025), https://buildingcongress.com/wp-content/uploads/2024/10/2024-Construction-Outlook.pdf.

[2]  Nichole Helmick & Jeremy Petosa, “Workplace Injuries and Job Requirements for Construction Laborers,” U.S. Bureau of Labor Statistics (November 2022), https://www.bls.gov/spotlight/2022/workplace-injuries-and-job-requirements-for-construction-laborers/.

[3]  James E. Leemann, Ph.D., “Deadlines can erode safety and promote risk-taking,” Industrial Safety & Hygiene News (March 1, 2016), https://www.ishn.com/articles/103452-deadlines-can-erode-safety-and-promote-risk-taking.

[4]  “Understanding the Construction Hiring Cycle: When and Why to Start Your Job Search,” Ardith Rademacher Associates: Construction Recruiter & Staffing (accessed 3/14/2025), https://www.strathire.com/understanding-the-construction-hiring-cycle-when-and-why-to-start-your-job-search/.

[5]  NYC Local Law 196 of 2017.

[6]  NYCBC Chapter 33.

[7]  New York Labor Law § 200; New York Labor Law § 240; New York Labor Law Section 241.

[8]  New York Labor Law § 200.

[9]  New York Labor Law § 240.

[10]  New York Labor Law § 241.

[11]  L.J. V. Zhang, 212 N.Y.S.3d 789 (2024).

[12]  Chauca v. Abraham, 30 N.Y.3d 325 (2017).

[13]  New York Workers’ Compensation Law § 1.

[14]  Matter of Grover v. State Ins. Fund, 65 AD 3d 1329 (2018).

[15]  New York Labor Law § 215.

[16]  New York Labor Law § 740.

[17]  NYCPLR § 214(5).

[18]  New York Workers’ Compensation Law § 28.